IslamQA

How to annul a marriage without a man issuing a divorce?

Answered according to Hanafi Fiqh by AskOurImam.com

Assalam Alaikum Wa Rahmathullahi Wa Barakathahu. Dear shaykh what is hanafi method to annul a marriage bedsides divorce from husband? If the wife was treated unjustly and the husband does not want to make up the marriage and the wife no longer wants to stay in the marriage. Do the wife and husband need witnesses to do that? How many Islamic judges are required in this case? If there is no shaykh or scholar in one’s residence can the parents annul it? JazakAllahu Khair

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In order for us to respond, please clarify the following points:

  • What do you mean by “treated unjustly?
  • Why does the husband not issue a divorce if he “does not want to make up the marriage”?
  • Have the spouses explored the option of khula` or not? For an explanation on khula`, refer to the following link: http://www.askimam.org/public/question_detail/19363
  • How do you define “residence”?
  • Which country are you from and is there a local ulamā body there?

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from AskOurImam.com, which is operated under the supervision of Mufti Hanif Yusuf Patel. He graduated from Jamiatul Ilm Wal Huda, Blackburn, U.K, with a distinction in Alimiyyah degree. He thereafter travelled to Darul Iftaa Mahmudiyyah Durban, South Africa, to train as a Mufti under the tutelage of Mufti Ebrahim Desai and Mufti Husain Kadodia.

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